Wainwright v. Truckenmiller

Plaintiff, James Wainwright, brought suit in the circuit court of Du Page County to recover damages for injuries sustained when he was struck by an automobile driven by defendant, Sue A. Truckenmiller, as he was crossing North Street in Naperville, Illinois. He appeals from an order granting summary judgment to defendant on the ground that he was guilty of contributory negligence as a matter of law. Plaintiff contends that the trial court erred in failing to hear further argument on defendant’s motion for summary judgment and in considering portions of deposition transcripts which were not…